GERALDINE COUNTY COUNCIL.

Temuka Leader, Issue 2395, 13 August 1892, Page 3

GERALDINE COUNTY COUNCIL.

The monthly meeting of the Geraldine County Council was held on Thursday. Present Messrs Wm, Balfour (chairman), J. M. Barker, M. Quinn, and W. B. Howell. WATER RACES. The engineers, Messrs Meason & Marchant, reported as follows :—" We have examined the places complained of by the Levels Board, and remark tbereon as under: D. Heffernan's water-hole on main Mackenzie Koad has been abolished in accordance with instructions. We will amend the ford at Lyons's shortly; at present no damage is being done to the road. The race along Dwan's road neither prevents the road being formed nor has it caused the big hole which obstructs the road, as the hole was in existence before the race was made. It has happened that wheeled traffic, in order to avoid the quagmire naturally existing there, has encroached on to and caused the leakage of one of the waterrace banks. Were the road put into a fit condition for traffic, the existence or absence of the water-race would make no difference to it. Mr Dwan has applied for the extension of the new northern race through his land. We have inspected the place with Mr Dwan. To do all that he asks is a small matter, and seeing that he has suffered a good deal by the non-construction of the race originally, we recommend that the work be done." Mr Dwan's application was granted, subject to his contributing onethird ; cost to council not to exceed £5. A long communication was received from .he council's solicitor, Mr White, in reply to certain questions as to collecting maintenance rates. The replies were to the following effect: Ratepayers in water districts constituted before the passing of the Act of 1891 are liable to pay interest rate, whether they take water or not. In the case of districts formed under the Act of 1891, lands which caunot be benefited by the race, or are otherwise supplied with water, are exempt from interest rate, unless the owners consent to be rated.—Only ratepayers who actually take the water are liabla to pay the maintenance rate. But land abutting on a road upon which a water-race has been constructed is liable to be rated for maintenance, unless the owner gives notice that he will not use the water in the race.—lf any person has paid maintenance rates where he was not legally liable, he could not recover the amount, the payment having been made under a mistake of law, not a mistake of f ac t, —A ratepayer who owns or occupies adjoining sections of land, the one having a water race thereon, and the other none, is liable to pay maintenance rate on both sections if in one farm or block. Where, .however, the two sections are divided by a public road he was of opinion the section not supplied with water would not be liable. A good deal of discussion took place on the application of these principles to the case of the proposed Levels Downs water supply when the estate came to be cut up, and as a result- it was resolved, on the motion of Messrs Howell and Barker—- '« That the chairman obtain legal advice as to the fixing of the liability for maintenance rate over the whole of the lands agreed to be allowed to be rated by the owners thereof at the inception of any water supply district, notwithstanding their power to sell any portion of such land, and to sell distinct portions not capable of being supplied with water." The question was raised whether there is anyone in the colony authorised to incur legal liabilities (such as are involved in the constitution of a water supply district) on behalf of the Levels Land Company, and enquiry is to be made. A communication from Mrs Temple, Vonr Peaks', stated that Captain Teniple had not left authority to anyone to sign legal documents before going Home. In consequence of this the application of Messrs Walker and Temple, to have their properties in the Hae-hao-te-Moana .Forks made a water-race district, must be held over until Captain Temple's return, I ■unless Mr Walker's land alone were made a district ood the race afterwards be extended to Captain Temple's. It was stated that Mr Walker had about 2000 acres of land to be benefited, and Captain Temple, 80 acres. The cost of the race was estimated at £2oo The alternative to be laid before Mr Walker. Permission \yas given to a. Rangitata settler to shift 30 chains of race within his farm, from alongside his fence, a couple of chains into the paddock, as he could not keep the raco clear of gorse.— Mr Barker and others thought it would be a good thing if they all did that. A number of letters were received from ratepayers claiming to be relieved from maintenance rate on the ground that they were not supplied with race water and did not require it. The rangers' reports were generally satisfactory. It was decided that Mr White be asked to obtain confirmation of his opinion regarding liability for rates. DEFECTIVE BY-LAWS. A lei'-er from Mr White reported the result of the prosecution G.C.C. v. Scannell, which was adverse to the Council. The Resident Magistrate decided that the traction-engine by-law was defective ou two points raised before him. Mr

White agreed that one point (the in." perfect convening of the meeting) was fatal; the other point (insufficiency of notice of purport) he did not admit would by itself be fatal. He ponited out a third weakness in the technical steps taken which was not mentioned before tiie Court. After a short discussion the chairman said they must go through the whole formal business again. Mr Howell therefore moved, Mr Quinn seconded, and it was carried—" That By-law No. 4, re traction engines, be accepted as drafted by the council's lawyer." Proposed by Mr Howell, seconded by Mr Mackay, and carried—" That a special meeting of the council be held on September Bth, to adopt the resolution re By-law No. 4, affecting traction engines."

COUNTY ROLL. In reply to a request for further extension of time in preparing the county roll, the Colonial Secretary wrote that the time could not be again extended, and if the roll could not be prepared by the stated time the old roll must remain in force for the year.—The clerk statod the roll was only needed for election purposes.

SMALL BIRDS QUESTION. I The Temuka Road Board wrote expressing approval of the County Council 1 undertaking the destruction of small birds in the county. The Geraldine Road Board were opposed to it; they thought the minor local bodies could do the work better. In a discussion on the purchase of eggs members expressed diffe.ent opinions as to its value. Mr Quinn gave an instance of a lad who cleared a quarter-acre plantation of macrocarpa trees on a certain Tuesday, and on the succeeding Saturday he got 50 dozen eggs from the same small plantation. Mr Marchant said it was a mistake to use bitter poison. Corrosive sublimate is a very deadly poison and not nearly so nasty as strychnine. MISCELLANEOUS. Mr E. Pilbrow resigned the post of clerk to the Temuka Licensing Committee and Mr A. W. Gaze was appointed in his place. Sergeant-Major McDonald wrote that he had given the police officers instructions to summon offenders against the traction-engit'e by-law. Tenders were received for a protection fence at the Tengawai bridge—J. Fletcher (accepted) £37 19s; W. Wray, £4O 9s 2d; D. Mackay £49. Accounts amounting to £99 17s Id were passed for payment and the Council rose.